As compensation for the city's costs to administer this chapter, manage, administer and control the rights-of-way and maintain each Certificate of Registration issued, every provider or any person operating a system shall pay to the city Registration Maintenance Fees beginning January 1, 2005. The Registration Maintenance Fee shall be determined and assessed to providers and other persons operating a system or otherwise using and occupying the rights-of-way in accordance with the following process and formula:
(A) The City by January 31 of each year shall calculate all actual and incurred costs associated with rights-of-way management, administration and control for the previous calendar year that the city was not able to reasonably recover through Right-of-Way Permit Fees or other recovery mechanisms provided in this chapter.
(B) Providers and applicants, as required in § 52.051, shall accurately inform the city upon application for a Certificate of Registration and on or before each subsequent January 1st of the number of miles (rounded up to the nearest mile) of right-of-way the provider's system then occupied as of the immediately previous December 1.
(C) The city shall total the entire number of miles of right-of-way reported as being used or occupied by all providers.
(D) The city shall divide the calculated costs referenced in division (A) of this section by the total number of miles of right-of-way reported as being used or occupied by all providers as referenced in division (C) of this section to arrive at a per-mile cost number.
(E) The city shall then multiply each provider's mileage calculation as referenced in division (B) of this section by the per-mile cost calculation referenced in division (D) of this section. The product shall be a provider's then current annual Registration Maintenance Fee.
(F) The city shall perform its annual calculation of registration maintenance fees following receipt of the providers' required January 1 mileage report. Registration maintenance fees shall be invoiced to providers on or about February 1 of each calendar year and shall be due 30 days following receipt.
(G) Cable companies operating under non-exclusive cable franchises for the purposes of providing cable service and providers of open video system services which compensate the city under other mechanisms shall have the mileage of the right-of-way they use and/or occupy included in the calculations described in §§ 52.60 to 52.065, but shall not be required to contribute to the recovery of rights-of- way costs as defined by this chapter with the exception of permit costs.
(Ord. 24-2004, passed 12-20-04; Am. Ord. 03-2019, passed 1-22-19)